Page:HKSAR v. Tong Ying Kit (Verdict).pdf/27

-27- F.2.3 Checkline 3 at the junction of Luard Road and Jaffe Road

67. PW4 (DPC 13900) was at the checkline junction Luard Road near Jaffe Road. They were there to prevent protesters rushing in to block the road from Luard Road. Exhibit P206C is where he was at the checkline. He saw the Defendant’s motorcycle turning from Lockhart Road into Luard Road towards where their checkline was. They tried to stop him. However, the Defendant ignored their order to stop, increasing the speed and turning right into Jaffe Road.

68. When PW4 first saw the Defendant, the Defendant was about 25 to 30 metres away, turning into Luard Road. The Defendant then accelerated from a speed of 10 to 15 kph to one of 30 kph when they went up to indicate him to stop. At that time, the Defendant was just 3 to 5 metres away from him.

69. PW5 (PC 14767) said he heard the sound of cheering and clapping, so he and his team members went up and used hand gesture to indicate to the Defendant to stop. They also shouted loudly. However, the Defendant did not stop and continued to drive. Therefore, he shot two pepper rounds, but the rounds failed to land on the motorcycle. He was about 6 metres away from the motorcycle when he shot the rounds, and he could see that the motorcycle was about 1 to 2 metres away from some of his team members at that time.

70. The process was recorded on P41 and PW5 identified his first pepper shot as at 15:39:32. Under cross-examination, he said he